Legal Opinion · Dissent

Lotto v. Long Island Lighting Co.

Appellate Division of the Supreme Court of the State of New York

Decided July 18, 1977Published

1Dissent

Titone, J. (dissenting).

The gravamen of this matter is not, as the majority suggests, one that merely involves a change in bookkeeping and accounting procedures of LILCO. Rather, it is one approaching constitutional dimensions. Simply put, what the majority should have addressed itself to is that for more than 30 years prior to 1973 LILCO had engaged in unfair discriminatory practices, and also violated certain statutes of this State, by recovering local gross revenue taxes from all of its customers as a general operating expense, rather *435than from just those of its customers living within…

2Cases cited5 opinions

  1. Brown v. Board of EducationSupreme Court of the United States · 1954
  2. Singer v. United StatesSupreme Court of the United States · 1945
  3. State Ex Rel. City of West Plains v. Public Service CommissionSupreme Court of Missouri · 1958
  4. Wirtz v. CASCADE EMPLOYER'S ASS'N, INC., OF PACIFIC NWDistrict Court, District of Columbia · 1963
  5. Lotto v. Long Island Lighting Co.New York Supreme Court · 1974

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